This case was last updated from PACER on 06/06/2021 at 08:44:40 (UTC).

Coulter Ventures, LLC v. Dick's Sporting Goods, Inc.

Case Summary

On April 7, 2021, Coulter Ventures, LLC, d/b/a Rogue Fitness (“Rogue”), or (“Plaintiff”), represented by Drew H. Campbell of Bricker & Eckler filed an intellectual property lawsuit against Dick’s Sporting Goods, Inc. (“Dick’s”) or (“Defendant”), seeking injunctive relief and damages among other reliefs, for alleged unlawful infringement of United States patents owned by Plaintiff. This case was filed in the U.S. District Court for the Southern District of Ohio with Judges Elizabeth Preston Deavers and Sarah D. Morrison presiding.

 

The Plaintiff filed this complaint for the alleged infringement of United States Design Patent No. D883,405 entitled “Wall Mounted Exercise Rack.” (“the D’405 patent”), U.S. Design Patent No. D879,216 entitled “Wall Mount.” (“the D’216 patent”), U.S. Design Patent No. D886,920 entitled “Set of Wall Mounts for Exercise Rack.” (“the D’920 patent”), and U.S. Utility Patent No. 10,226,661 entitled “Weightlifting Rack Assembly and Wall Mount Bracket for a Weightlifting Rack Assembly.” (“the ’661 patent”) (Collectively, “patents-in-suit”) owned by them for fitness equipment by the Defendant.

 

The Plaintiff alleged that “Dick’s has infringed patents-in-suit by (i) using, selling, offering to sell, making, and/or importing into the United States Dick’s infringing folding wall rack products which are covered by the claim of the D’405 patent., (ii) using, selling, offering to sell, making, and/or importing into the United States Dick’s infringing folding wall rack products, which are covered by the claim of the D’216 patent. (iii) by using, selling, offering to sell, making, and/or importing into the United States Dick’s infringing folding wall rack products, which are covered by the claim of the D’920 patent; and (iv) by using, selling, offering to sell, making, and/or importing into the United States Dick’s infringing folding wall rack products, which are covered by claims 1-16 of the ’661 patent.”

 

Furthermore, the Plaintiff alleged upon information and belief that “Dick’s has purposefully advertised, marketed, promoted, offered for sale, sold, distributed, manufactured, and/or imported, and continues to advertise, market, promote, offer for sale, sell, distribute, manufacture, and/or import, products that violate Rogue’s rights, including Rogue’s Patents.”

 

In the four claims for relief laid down by the Plaintiff, alleged infringement of the Patents-in-suit in violation of 35 U.S.C. § 271 has been claimed, wherein it has been alleged that Dick’s acts of alleged infringement have been without an express or implied license by Rogue, and are in violation of Rogue’s rights.

 

In its prayer for relief, the Plaintiff has requested the court to declare that Defendant has infringed the patent in suit, and to award an injunction against further infringement of Rogue’s patents; an order directing Dick’s to recall all infringing products sold and/or distributed and to provide a full refund for all recalled infringing products; an award of damages adequate to compensate and an award for Dick’s profits from its patent infringements pursuant at least to 35 U.S.C. § 289; together with prejudgment interest and costs and reasonable attorney fees, pursuant at least to 35 U.S.C. §§ 284 and 285.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01608

  • Filing Date:

    04/07/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Referral Judge

Elizabeth Preston Deavers

Presiding Judge

Sarah D. Morrison

 

Party Details

Plaintiffs

Coulter Ventures, LLC, d/b/a Rogue Fitness

545 East Fifth Avenue

Columbus, OH 43201

Coulter Ventures, LLC doing business as Rogue Fitness

Defendant

Dick's Sporting Goods, Inc.

345 Court Street

Coraopolis, PA 15108

Attorney/Law Firm Details

Plaintiff Attorneys

Drew H Campbell

Attorney at Bricker & Eckler - 2

100 S Third Street

Columbus, OH 43215-4291

Christian Triplett Wolfgram

Attorney at Banner & Witcoff, Ltd.

71 South Wacker Drive, Ste 3600

Chicago, IL 60606

Kurt Charles Riester

Attorney at Banner & Witcoff Ltd.

71 South Wacker Drive, Suite 3600

Chicago, IL 60606

Louis DiSanto

Attorney at Banner & Witcoff, Ltd.

71 S. Wacker Drive, Ste 3600

Chicago, IL 60606

Defendant Attorneys

Joseph A. Loy

Attorney at Kirkland & Ellis LLP

601 Lexington Ave

New York, NY 10022

Jeffrey J Zeiger

Attorney at Kirkland & Ellis

300 North Lasalle

Chicago, IL 60654

 

Court Documents

#2

#3

#4

#13

#14

#15

#17

#19

#20

#21

 

Docket Entries

  • 05/28/2021
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  • Docket(#21) NOTICE of Hearing: Preliminary Pretrial Conference set for 7/29/2021 @ 10:00 AM before Magistrate Judge Elizabeth Preston Deavers. The parties are directed to call 1-877-336-1280, enter access code 7598806#, followed by security code 1234#. (sh) (Entered: 05/28/2021)

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  • 05/28/2021
  • DocketSet/Reset Deadlines: Dick's Sporting Goods, Inc. Answer due date: 7/1/2021. (er) (Entered: 05/28/2021)

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  • 05/27/2021
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  • Docket(#20) ORDER granting #19 Joint MOTION for Extension of Time to File Answer re #1 Complaint. The Preliminary Pretrial Conference, currently scheduled for June 24, 2021, is VACATED. The Conference will be reset by separate Notice. Signed by Magistrate Judge Elizabeth Preston Deavers on May 27, 2021. (jlk) (Entered: 05/27/2021)

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  • 05/25/2021
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  • Docket(#19) Joint MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 7/1/2021. and Continue the Preliminary Pretrial Conference by Plaintiff Coulter Ventures, LLC. (DiSanto, Louis) (Entered: 05/25/2021)

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  • 05/24/2021
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  • Docket(#18) NOTATION ORDER granting #16 Motion for Leave to Appear Pro Hac Vice of Joseph A. Loy as co-counsel; Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/24/21. (sem) (Entered: 05/24/2021)

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  • 05/24/2021
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  • Docket(#17) NOTICE of Hearing: A Telephonic Preliminary Pretrial Conference will be held before the Honorable Elizabeth A. Preston Deavers on JUNE 24, 2021 at 10:00 A.M. The parties are directed to call 1-877-336-1280, enter access code 7598806#, followed by security code 1234#. (jlk) (Entered: 05/24/2021)

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  • 05/21/2021
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  • Docket(#16) MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8326387) of Joseph A. Loy by Defendant Dick's Sporting Goods, Inc. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Zeiger, Jeffrey) (Entered: 05/21/2021)

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  • 05/21/2021
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  • Docket(#15) NOTICE of Appearance by Jeffrey J Zeiger for Defendant Dick's Sporting Goods, Inc. (Zeiger, Jeffrey) (Entered: 05/21/2021)

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  • 04/26/2021
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  • Docket(#14) ORDER granting re #13 Joint MOTION for Extension of Time to File Answer or Otherwise Plead re #1 Complaint - Dick's Sporting Goods, Inc. Answer due 6/1/2021. Signed by Magistrate Judge Elizabeth Preston Deavers on April 26, 2021. (jlk) (Entered: 04/26/2021)

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  • 04/23/2021
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  • Docket(#13) Joint MOTION for Extension of Time to File Answer or Otherwise Plead re #1 Complaint by Plaintiff Coulter Ventures, LLC. New date requested 6/1/2021. (DiSanto, Louis) Modified text on 4/26/2021 (kk2) (Entered: 04/23/2021)

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2 More Docket Entries
  • 04/16/2021
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  • Docket(#10) NOTATION ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Louis DiSanto as co-counsel. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Elizabeth Preston Deavers on 4/16/2021. (kk2) (Entered: 04/16/2021)

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  • 04/14/2021
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  • DocketSUMMONS Returned Executed as to Defendant Dick's Sporting Goods, Inc; Served on 4/9/2021, answer due 4/30/2021. See entry #6 for document. (er) (Entered: 04/16/2021)

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  • 04/14/2021
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  • Docket(#9) MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8266730) of Christian Triplett Wolfgram by Plaintiff Coulter Ventures, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Campbell, Drew) Modified on 4/19/2021 to correct attorney name (kk2) (Entered: 04/14/2021)

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  • 04/14/2021
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  • Docket(#8) MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8266723) of Kurt Charles Riester by Plaintiff Coulter Ventures, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Campbell, Drew) (Entered: 04/14/2021)

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  • 04/14/2021
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  • Docket(#7) MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8266705) of Louis DiSanto by Plaintiff Coulter Ventures, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Campbell, Drew) (Entered: 04/14/2021)

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  • 04/14/2021
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  • Docket(#6) AFFIDAVIT of Service for Summons served on Dick's Sporting Goods, Inc. on 04/09/2021, filed by Plaintiff Coulter Ventures, LLC. (Attachments: #1 Exhibit A - Proof of Service) (Campbell, Drew) (Entered: 04/14/2021)

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  • 04/08/2021
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  • Docket(#4) Summons Issued as to Dick's Sporting Goods, Inc. (kk2) (Entered: 04/08/2021)

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  • 04/07/2021
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  • Docket(#3) Corporate Disclosure Statement by Plaintiff Coulter Ventures, LLC (Campbell, Drew) Modified on 4/8/2021 to correct party name (kk2) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#2) REQUEST for Issuance of Summons. (Campbell, Drew) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#1) COMPLAINT with JURY DEMAND against Dick's Sporting Goods, Inc., filed by Coulter Ventures, LLC (Attachments: #1 Exhibit 1 - D883,405 Patent, #2 Exhibit 2 - D879,216 Patent, #3 Exhibit 3 - D886,920 Patent, #4 Exhibit 4 - 10,226,661, #5 Civil Cover Sheet) (Campbell, Drew) Modified parties on 4/8/2021 (kk2) (Entered: 04/07/2021)

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